Patna High Court
Mohammad Shabbir @ Md. Shabbir AlamversusThe State of Bihar through Mr. B. Rajendra, the Principal Secretary, Department of Education
- Decided
- Disposal
- WITHDRAWN
Holding
The contempt application is dismissed as withdrawn.
Summary
Petitioner Mohammad Shabbir, an Assistant Professor, filed a contempt application alleging that the respondents, despite a stay order dated 13‑05‑2025 in Letters Patent Appeal No. 86 of 2025, continued to deny him his post after a prior judgment had removed him. He sought enforcement of the stay and any other reliefs. The petitioner's counsel later requested permission to withdraw the contempt application. The Court considered whether the application could be withdrawn and whether any contempt had occurred. Justice Partha Sarthy, on behalf of the bench, allowed the withdrawal and dismissed the application as withdrawn. No further directions were issued.
Issues considered
- Whether the contempt application filed by the petitioner should proceed despite the petitioner's request for withdrawal.
- Whether the respondents' alleged non‑compliance with the stay order constitutes contempt of court.
Subjects
- contempt of court
- stay order
- academic appointment
- withdrawal of application
- letters patent appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3306 of 2025
In
Letters Patent Appeal No.86 of 2025
======================================================
Mohammad Shabbir @ Md. Shabbir Alam Presently Posted as Assistant
Professor in the Department of Persian, Mirza Ghalib College, Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. B. Rajendra, the Principal Secretary,
Department of Education Government of Bihar, Patna.
2. Mr. Anil Kumar, the Special Secretary, Education Department, Govt. of
Bihar, Patna.
3. Dr. Binod Kumar Mangalam, Registrar, the Magadh University, Gaya.
4. Professor S.P. Sahi, the Vice Chancellor, Magadh University, Gaya.
5. Ali Hussain, the Principal, Mirza Ghalib College, Gaya.
6. Mirza Ghalib College, Gaya, through Sabi Arfeen Shamsi, its Secretary,
Governing Body.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aniket Singh, Advocate
Mr. Kunal Tiwary, Advocate
For the State : Mr. S.K. Singh, AAG- 13
For the University : Mr. Siddhartha Prasad, Advocate
For O.P. nos. 5 & 6 : Mr. Girish Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
and
HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
3 11-03-2026 1. The petitioner has filed the instant application for
the following reliefs:
“1. (i) That the instant contempt
application is being filed for noncompliance of the
order dated 13.05.2025 passed in LPA No. 86 of
2025, passed by the Division Bench comprising of
Hon'ble Mr. Justice Ashutosh Kumar, the then
Patna High Court MJC No.3306 of 2025(3) dt.11-03-2026
2/2
Acting Chief Justice and Hon'ble Mr. Justice
Partha Sarthy, whereby and where under the
Hon'ble Division Bench has stayed the operation of
the impugned judgment dated 08.10.2024 passed in
CWJC No. 10935 of 2021, wherein pursuant to the
impugned judgment, the Appellant was removed
from the post of Assistant Professor, Department of
Persian of Mirza Ghalib College and inspite of the
stay order passed by the Hon'ble Division Bench,
the Opposite Parties in particularly the Secretary,
of the Governing Body of the College has refused
to allow the Appellant to continue on the post on
which he was working prior to the passing of the
judgment passed by the Hon'ble Single Judge.
(ii) For any other relief/reliefs for which
the Appellant is entitled to.”
2. Mr. Aniket Singh, learned counsel for the petitioner
seeks permission to withdraw this application.
3. This application is dismissed as withdrawn.
(Partha Sarthy, J)
(Khatim Reza, J)
sauravkrsinha/-
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